AN EXACT ABRIDGMENT IN ENGLISH Of the eleven Books of Reports of the Learned Sir Edward Coke Knight late Lord Chiefe Justice of ENGLAND and of the Councel of Estate to His Majestie King JAMES Composed by the Judiciouâ— Sir Thomas Ireland Knight late of Grayes Inne and an Ancient Reader of that Honourable SOCIETIE Wherein is briefly contained the very substance and marrow of all those Reports together with the Resolutions on every CASE Also a perfect Table for the finding of the Names of all those Cases and the principall matters therein contained Very usefull for all men especially the Students and Practisers of that Honourable Profession Brevitas Memoriae Amica LONDON Printed by M. Simmons for Matthew Walbancke at Grayes Inne Gate and H. Twyford in Vine-court in the Middle Temple 1650. To the Reader Gentle Reader THE Abridger of these Reports was not onely a Learned Lawyer but also was very conversant with the Author of them For my part I was onely entreated by many Friends to view and correct the Copy from the Presse If any faults be you may blame the Printer If I should commend the Original work I should disparage the Author who all learned Lawyers know that never any man wrote like him and for the excellency of this Abridgement it hath in it the very pith and substance of the Reports at large and so I rest It is an abuse that the lawes usages of the Realm with their Causes are not written whereby they may be knowne so that they may be understood of all Mirrour Justice fol. 225. An exact Table of all the Cases in each severall Book The First Booke of the Lord Coke LOrd Buckhursts Case Pelhams Case fol. 1 Porters Case fol. 2 Altonwoods Case Capels Case Archers Case fol. 3 Bredons Case fol. 4 Corbets Case fol. 5 Shelleyes Case fol. 6 Albaines Case fol. 7 Chudleighs Case fol. 8 Anne Mayowes Case fol. 11 The Rector of Chedingtons Case fol. 12 Digges Case fol. 14 Mildmayes Case fol. 16 The second Booke of the Lord Coke MAnsers Case fol. 19 Goddards Case Thoroughgoods Case fol. 20 Wisemans Case fol. 21 Lanes Case fol. 22 Baldwins Case fol. 23 Case of Bankrupts fol. 24 Bettisworths Case fol. 24 Doddingtons Case fol. 25 Sir Rowland Heywards Case fol. 26 Bishop of Winchesters Case fol. 29 Arch-Bishop of Canterburies Case fol. 31 Sir Hugh Cholmleyes Case fol. 33 Buckleyes Case fol. 34 Beckwiths Case fol. 36 Winningtons Case fol. 37 Westcots Case fol. 38 Tookers Case fol. 39 Lord Cromwels Case fol. 40 Binghams Case fol. 45 The Third Booke of the Lord Coke THe Marquesse of Winchesters Case fol. 49 Copledikes Case fol. 53 Heydons Case fol. 54 Borastons Case fol. 56 Left out Dowties Cass and Sir Willam Harberts Case Walkers Case fol. 58 Butler and Bakers Case fol. 61 Ratclifts Case fol. 68 Bontons Case fol. 71 Sir George Browns Case fol. 72 Rigewaies Case fol. 73 Lincoln Colledg Case fol. 74 Pennants Case fol. 77 Westbies Case fol. 80 Deane and Chapter of Norwich's Case fol. 81 Fermors Case fol. 83 Twines Case fol. 86 The Case of Fines fol. 89 The Fourth Book of the Lord Coke VErnons Case fol. 95 Bevils Case fol. 98 Actions of Slander the Lord Cromwels Case fol. 101 Cutler and Dixons Case fol. 102 Sir Richard Buckley and Woods Case fol. 103 Stanhop and Blyths Case fol. 104 Hext Justice of Peace against Yeomans fol. 104 Birchleyes Case fol. 105 Weaver and Caridens Case fol. 105 Stukley and Bulheads Case fol. 106 Snagg and Gees Case fol. 106 Baton and Allens Case fol. 106 Anne Davies Case fol. 106 Jeames Case fol. 107 Oxford and his wife against Crosse fol. 108 Sir G. Gerrard Master of the Rolls against Mary Dickinson fol. 108 Barhams Case fol. 109 Britteridges Case fol. 110 Palmer and Thorps Case fol. 111 Coppi-hold Cases fol. 111 Brownes Case fol. 111 Rivets Case fol. 113 Deale and Rigdens Case fol. 113 Bullock and Dibleyes Case fol. 113 Gravenor and Teds Case fol. 114 Fitch and Huckleyes Case fol. 114 Clark and Pennifathers Case fol. 114 P. 26. of the Queene fol. 115 Rous and Arters Case fol. 116 Murrell and Smyths Case fol. 116 Kite and Queintons Case fol. 117 Melwich and Luters Case fol. 118 Neales Case fol. 120 Clifton and Molineux Case fol. 120 Taverner and Cromwels Case fol. 120 Hubbard and Hamonds Case fol. 121 Westwick and Wyars Case fol. 122 Bunting and Lepingwels Case fol. 123 Downes and Hollakins Case fol. 124 Harm and Sayes Case fol. 125 Shaw and Tompsons Case fol. 126 Hoe and Taylors Case fol. 126 Frenches Case fol. 127 Foyston and Crachrodes Case fol. 128 Myttons Case fol. 129 Bozouns Case fol. 130 Terringhams Case fol. 132 Cases of Appeales and Indictments Brookes Case fol. 135 Wetherell and Darly's Case fol. 135 Youngs Case Walkers Case Heydons Case fol. 136 Hume against Ogle Hudson and Lees Case Syers Case fol. 138 Bibiths Case Vauexs Case fol. 139 Wrote and Wigges Case fol. 140 Waits Case fol. 142 Hill 30. of the Queene Ognels Case fol. 143 Rawlins Case fol. 145 Wardens Commonalty of Sadlers Case fol. 148 Forse and Hemblings Case fol. 149 Harlakendens Case fol. 150 Fulwoods Case fol. 152 Hindes Case fol. 154 Boroughes Case Palmers Case Hollands Case fol. 156 Case of Corporations fol. 157 Digbies case fol. 158 Nokes case Sir Andrew Corbets case fol. 159 Southcots case fol. 160 Luttreles case fol. 161 Druries case fol. 162 Slades case fol. 163 Adams and Lamberts case fol. 164 Actons case fol. 166 Dumpors case fol. 167 Bustards case fol. 168 Beverleys case fol. 169 The Fifth Booke CLaytons case Elmers case fol. 171 Jewels case Lord Mountioyes case fol. 172 Justice Windhams case Brudenels case fol. 173 Hensteads case Ives case fol. 174 Saunders case Rosses case fol. 175 Countesse of Salops case fol. 176 Case of Ecclesiasticall persons Covenants c. concerning Leasees Assurances c. fol. 177 Slingsbyes case Rosewels case fol. 180 Higginbottoms case Stiles case Sir Anthony Mayns case fol. 181 Laughters case Hallings case Matthewsons case fol. 182 Lambs case Broughtons case fol. 183 Deane and Chapter of Windsors case Sir Thomas Palmers case fol. 184 Earl of Rutlands case fol. 185 Cases of Executors Russels case Middletons case Harrisons case fol. 188 Piggots case Princes case fol. 189 Caulters case Hargraves case Pettifers case fol. 190 Robinsons case Reades case fol. 191 Ployters case fol. 192 Walcots case Baynhams case Gardiners case Bishops case fol. 193 Teys case fol. 194 Dormers case Rowlands case fol. 195 Countesse of Rutlands case Godwels Case Nichols case Bohuns case fol. 196 Freemans case Gages case Cookes case fol. 197 Franklins case Gilbert Littletons case Drywoods case fol. 198 Vaughans case Wyrrels case Biggens case fol. 199 Halls case Pages case fol. 200 Knights case fol. 201 Specots case fol. 202 Fosters case fol. 203 Gooches case fol. 204 Sparries case Case of By-Lawes Chamberlain of Londons case fol. 205 Clerks case Jeffrayes case fol.
none will buy their Wardships 5. After Tender and refusall if the heire be made Knight and marry he shall not forfeite the double value because he is out of Ward but immediatly the Lord shall have a Writte de valore maritagij This was the last Case that Sir John Popham chiefe Justice of England c. ever Argued Sir George Cursons case 7. Jac. Cur. Wardor fol. 75. SIr W. L. seised of a reversion expectant upon taile made to his sonne of land in Capite Covenants to stand seised to the use of his neece the sonne dyeth the King shall not have primier seisin 1. Resol It was Collusion apparent within the Statute of Marlebr cap. 6. to infeoffe the heire apparent and if he infeoffe others upon Collusion averrable but no averrement shall be where the remainder or reversion is left in a stranger or upon a Devise 2. Or otherwise to dispose in the Statute of 32. H. 8. have relation to wills onely for before the Statute every man might dispose of his lands by act executed 3. The Clause in the said Statute which saveth primier seisin to the King hath relation onely to acts executed for the King shall have without that primier seisin of the third part not devised but without that he shall not have it of any part conveyed by act executed 4. If the grandfather convey land to the sonne living the father this is out of the Statute otherwise if the father be dead and so a gift to a Collaterall Kinsman who is not heire apparent is out of the Statute for none will by intendment disinherit his heire to defeate the King of the Wardship or primer seisin and so is the experience of the Court of Wards Bullens case 5. Jacobi Com. Banco fol. 77. THe Lord may have a certeine summe pro certo letae for it shall be intended it was granted at the first by purchase of the Leete for the ease of the Tenants and in consideration of the Lords claiming of it at his owne costs every Eyre The issue was if the plaintiffe was a chiefe pledge and by speciall verdict he was found a Resiant and certified by the chiefe pledges to be a chiefe pledge and was amerced for his default It seemeth he was not Sed materia praedicta consopita fuit in arbitrio See 30. E. 3.23 of franke pledges Lord Abergavenies case Com. Banco fol. 78. A Judgement in an action of Debt is had against a joyntenant for life who afterwards releaseth to his companion all the right c. yet that moytie is liable to the Judgement and so it is of a rent charge during the life of the Releasor Sir Edward Phyttons case Com. Banco fol. 79. EXecutors may take benefit of the Kings generall pardon by which is enacted that all Subjects of the King their heires Successors Executors and Administrators shall be acquitted and discharged of all offences contempts c. and that shall be expounded most beneficially for the Subject And further doth give and grant all goods Chattells Debts c. forfeited And prohibiteth any Clerke to make out any Writte c. Provided that every Clerke may make forth cap. ut at the suite of the plaintiffe against persons outlawed to the intent to compell them to answer and that the partie shall sue forth a scir fac before the pardon in that behalfe shall be allowed which is as much to say having regard onely to the plaintiffe But in regard of the King it is an absolute pardon and grant of his goods and he is a person inabled against the King but not against the partie plaintiffe And every person by himselfe or his Atturney may plead this act for discharge Executors shall have restitution upon the Statute 21. H. 8. Also Administrators shall have a Writt of error upon the Statute 27. El as was adjudged in the Lord Mordants case 36. El. And yet these Statutes speake onely of the partie and not of the Executors or Administrators because no Writt can be against Executors they may plead it without Processe The End of the Sixth Booke THE SEAVENTH BOOK Postnati Calvins case 6. Jacobi Banco Regis fol. 1. R C. By his gardian bringeth an assize the defendants say the plaintiffe ought not to be answered Quia est alienigena natus 5o. Novembris Anno Domini Regis Angliae c. tertio apud E. infra regnum Scotiae ac infra ligeanciam Domini Regis Regni sui S. ac extra ligeanciam Regni sui Angl. c. the plaintiffe demurreth The Case was Adjourned into the Exchequer Chamber and was argued by two Justices every day and by the Chancellour and resolved by the Chancellour and all the Justices except Walmesley and Foster that the plaintiffe ought to be answered For these six demonstrative Conclusions drawne from the Law of Nature the Law of the Land Reasons of State and Authorities of Records and Booke Cases 1 Every one that is an Alien by birth may be or might have been an Enemy by accident but C. could never be an Enemy by any accident whatsoever ergo no Alien by birth 2. Whosoever are borne under one naturall ligeance due by the Law 〈◊〉 nature to one Soveraigne are naturall borne Subjects But C. was borne under one c. ergo a naturall borne Subject 3. Whosoever is borne within the Kings protection is no Alien But C. was borne under c ergo he is no Alien 4. Every stranger borne must at his birth be either amicus or inimicus but C. at his birth could neither be amicus nor inimicus because he was subditus ergo no stranger borne 5. Whatsoever is due by the Law of man may be altered but naturall legeance of the Subject to the Soveraigne cannot be altered ergo not due by mans Law Lastly whosoever at his birth cannot be an alien to the King of E. cannot be an alien to any of his Subjects of E. but C. at his birth could be no alien to the King of E. Ergo he cannot be an alien to any of the Subjects of E. the Maior and Minor both be Propositiones perspicuè verae and although Alienigena dicitur ab aliena gente yet that is all one as Alienae ligeantiae and arguments drawne from Etymologie are feeble for Saepenemero ubi proprietas verborum attenditur sensus veritatis amittitur yet when they agree with Law Judges may use them for Ornament and dâ—verse inconveniences would follow if the Plea against the Plaintiffe should be allowed For first it maketh legeance locall wereupon should follow first that legeance which is universall should be confined within locall limits 2. That the Subject should not be bound to serve the King in Peace or in Warre out of those bounds 3. It should illegitimate many which were borne in Gascayne Guyan Normandy c. and diverse others of his Majesties Dominions whilst the same were in actuall obedience And lastly this strange and new devised Plea inclineth too much to
had and after B. and A. levie a Fine to Perkins and he renders a rent of 42. pounds to B. and the Mannor with the Advowson to A. A. dyes without granting the Advowson and B. did not request it B. enters for condition broken and by Indenture inrolled bargained c. to the Lord Cromwell by which he entered and upon the reentry of the Sonne and heire of A. brought an Assise In this Case is shewed when this word proviso or provided maketh a condition and when not which upon long debate was judged by all the Justices of England It was adjudged that the Law hath not appointed any place in a deed or instrument proper or particular to a condition but in what place it pleaseth the parties and this word proviso or provided is as apt a word to make an estate conditionall as Sub conditione or any other word of condition but notwithstanding when this word proviso maketh an Estate or interest conditionall three things are to be observed First that the proviso doe not depend upon another sentence nor participate thereof but stand originally of it selfe Secondly that the proviso be the word of the bargainor Feoffor Donor Lessor c. Thirdly that it be compulsory to enforce the barganee Feoffee Donee Lessee c. to doe an act and where these concurre it was resolved that it was a condition in what place soever it be placed for Cujus est dare ejus est disponere And although words of Covenant be contained in the same clause of the proviso it selfe yet the proviso being in judgement of Law a word of condition it shall not loose his force and so it hath beene judged In Symson et Titterell 26. El. Serjeant Bendlowes demysed to Titterell certaine Lands in Essex for forty yeares provided alwayes and it is Covenanted and agreed betweene the said Parties That the Lessee c. should not alien and this was adjudged a condition by force of the proviso and a Covenant also by force of th' other words Also it was adjudged in Banco Regis 36. El. betweene the Earle of Pembrooke Plaintiffe and Sir Henry Barkely Defendant The Earle granted the Office of the Lievtenant-ship of the West part of the Forrest of Fronslewood in Com. Somerset to Sir Mawrice Barkely Father of the said Sir Henry in Taile provided alwayes and the said Sir Mawrice Barkeley for him c. doth Covenant to and with the said Earle that neyther he the said Earle nor any of his Heires Males c. shall cut downe any Wood growing upon any part of the premises And it was resolved by all the Justices of England upon argument before them at Serjants Inne that although the proviso was coupled with the expresse Covenant of the Grantee and every condition ought to be created by the words of the Grantor Donor Feoffor c. yet in judgement of Law this word provided was a condition created by the Grantor although all the residue of the sentence be the words of the Grantee for proviso being an apt word of a condition the same sentence containeth the words of the Grantor purporting a condition and the words of the Grantee comprehending a Covenant This word proviso when it dependeth upon another sentence or hath reference to another part of the deed doth not make a condition but a qualification or limitation of the sentence or part of the deed to which it is referred As in a Lease without impeachment of wast provided that he shall not doe voluntary wast grant of a Rent charge provided that the Grantee shall not charge the Grantor c. Resolved that B. shall have the Rent notwithstanding that before the Reddendum the use in Fee was vested by the recovery in A. and notwithstanding 't was objected that the Rent ought to be limitted out of the Estate of the Recoverors for 27 H. 8. hath an expresse clause Where diverse be seised to the intent that one shall have an annuall Rent the same person be adjudged in possession and seisin of the same rent as if a sufficient grant had beene made and so here the intent being that B. should have the Rent construction shall be made Vt res magis valeat quam pereat Resolved that the fine leavyed by B. and A. to P. hath not extinct the condition and this was the great doubt of the Case 1. Because by the generall Covenant 't is declared that all assurances afterwards to be made should be to the uses and intents in the same Indenture and to no other and the Indenture intends that the condition should be saved as the Lord releases all his right in the Land saving his Rent Putnams Case 4. 5. P. and M. Dyer Feoffement of a Mannor rendring Rent and a reentry and a Covenant by any Indenture to Leavy a fine which should be to the uses and intents of the first Indenture and to no other use which was leavyed according with the usuall words of release of all his right yet resolved that neither the Rent nor the condition was destroyed and 23. of the Queene Tussers Case a rent reserved by a fine before was not destroyed by a common recovery and generall entry into warranty and 34. of the Queene in Clever and Childs Case adjudged according to Putnams Case for the same reason t was adjudged in this Case 14. of the Queene for the Advouson of Alexton for Modus et conventio vincunt legem and Covenant and agreement of the parties hath power First to raise a use Secondly to declare uses upon fines recoveries c. Thirdly for to preserve Rents and conditions and for to direct recoveries fines c. and the saving may be contained in another deed delivered at the same time And these common assurances as fines and recoveries are to be construed according to the intent and common usage without prying into them with Eagles eyes Also here the Bargaine c. recovery c fine c. though made at severall times yet all by mutuall agreement are but one assurance and tend for to perfect a bargaine c. and therefore the one shall not destroy the other resolved that except in speciall cases a fine Sur grant render cannot be averred by word to another use then is in the fine feoffement c. yet in some cases it may be ruled in part by averrement by word when the originall contract is by deed but a man may by word averre another consideration which stands with the consideration expressed but not against it Reade the Booke at large for this purpose Resolved that by the death of A. the condition was broken for when the Feoffee or Grantee is to doe an act to the Feoffor c. upon condition and no time is limitted regularly the Feoffee may doe it at any time during his life If the Feoffor or Grantor doe not hasten the same by request and upon request and day or time limitted the Feoffee or Grantee ought to doe it
he lost his Common the Jury found that the Defendant did not put in the Beasts but they of themselves depastured there 1. The Jury have found the substance of the issue for the Plaintiffe the depasturing there and it is not materiall if he put them not there 2. This Action lyeth for the Commoner for he may distreine damage feasant and it may be that with strong hand he is hindered to distreine and so if he shall not have this Action he is remedilesse 2. A Commoner who had freehold in the common shall have an Assize Ergo a Copy-holder shall have this Action 3. The wrong ought to be so great that the Commoner loose his Common as a Master shall not have an Action for beating his Servant without losse of his Service and it appeareth not to the Court that there are more Commoners then he and if there be yet an Action lyeth because each had private damage and it is not like to a common Nusans which shall be punished onely in a Leete if there be not speciall damage but be the Trespasse never so little the Lord may have an Action of Trespasse The Lord Sanchars Case 10. Jacobi fol. 117. For procuring the Murther of John Turnor Mr. of Defence 1. REsolv That a Baron of Scotland shall be tried by Commons of England 2. The Indictment of the accessory in one County to a Fellony in another County by the Statute of 2. E. 6. c. 24. shall recite that the fellony was done in the other County for an Indictment is no direct affirmation of the fact 3. The Justices of the Kings Bench are within these words of the Statute Justices of Gaole-delivery or Oyer and Terminer for they are the supreame Judges of Gaole-delivery 4. The Lord Sanchar cannot be in the Terme-time Arraigned in Midd. before Justices of Oyer and Terminer because Justices of Oyer and Terminer shall not sit in the same County where the Kings Bench is but the principalls were Arraigned in L. in the Terme-time because this is another County 5. There needs not be 15. dayes for the returne of the Venire facias upon an Indictment in the same County where the Kings Bench is otherwise in another County 6. Because there is no direct proofe that the Lord S. commanded one of the principalls but that he associated himselfe to one who was commanded the best way is to arraigne him as accessory to him whom he commanded but if he be Indicted as accessory to two and found accessory to one of them this is good The word Appeale in the Statute of W. 1. c. 14. is to be intended generally Viz. By Indictment by Writ or Bill c. and attainders is to be intended upon any such accusation Ergo if upon any such accusation the principall be attainted erroneously the accessory may be arraigned because the attainder is good untill it be reversed but if the Accessory be Hanged and after the Attainder against the principall is reversed the Heire of the Accessory shall be restored to all which his Father lost either by entry or Action By 5. H. 4. cap. 10. none shall be imprisoned by Justices of Peace but in the Common Gaole whereby it appeares that Justices of Peace offend who commit Fellons to the Counters in L. and other Prisons which are not Common Gaoles Cases in the Court of Wards Anthony Lowes Case 7. Jacobi fol. 122. A. L. Tenant of 59. Acres parcell of the Mannor of A. by chivalry and Suite of Court to B. whereof A. was parcell and both A. and B. were parcell of the Duchie of L. out of the County Palatine holden formerly of the King in Chivalry in Capite and of another House there holden of A. by fealty and rent H. 8. grants the rent by release to him and confirmeth his estate in the said Lands by fealty onely and grants to him the Mannor of A. Tenendum by fealty and rent It was Objected that when the King grants the Seigniory to his Tenant the ancient Seigniory is extinct and a new one that is best for the King created Viz. Chivalry 2. When he extinguisheth services parcell of the Mannor of A. this shall be holden as the Mannor of A. is that is by Chivalry But resolved that the 59. acres and house shall be holden by fealty onely and as to the said Objection the release of the King doth not extinguish service which is inseparable to a Tenure that is fealty but all others are gone and true it is when the K. grants and expresseth no tenure it shall be by Chivalry but when the Land moveth from a Subject and the Tenure is changed the new Tenure shall be as neere the ancient as may be as Feoffee of Tenant in Frankalmoigne shall hold by fealty onely and here although they grant the services yet he limits the grantee to doe fealty A Knights fee is not to be taken according to the quantity but the value of the Land as 20. l. per annum and a Hide of Land is as much as a Plough can Plough in a yeare Reliefe is the fourth part of the annuall value that is of a Knight five pound of a Baron a 100. Markes of an Earle 100. l. of a Marques 200. Markes of a Duke 200. l. The Eldest Sonne of E. 3. called the black Prince was the first Duke in England and Robert Earle of Oxford in the Raigne of R. 2. was the first Marques and the Lord Beaumont was the first Viscount created by K. H. 6. Floyers Case 8. Jacobi fol. 125. BAron and Feme seized of Lands holden in Chivalry in right of the Feme in Fee levy a Fine to one who grants and renders to them and the heires of the Baron and levy another Fine to their use for life the remainder to their three Sons in taile one after another the remainder in fee to the heires of the Baron the K. shall have neither wardship of body nor Land 1. Resol That is out of the Statute of 32. H. 8. cap. 2. if he who had the fee dye c. in respect the estate by the first Fine did not continue and this although both the Conveyances are voluntary 2. The King shall not have wardship of the third part because it is not for advancement of the Wife for in the first Fine the Land moved from her and shee had no more by the second Fine then by the first 3. In regard the particuler estate is out of the Statute no wardship accrueth to the King by advancement of him in the remainder but if a revertioner upon an estate for life convey it to the use of his Wife this will give wardship of the body of the heire for he in revertion is tenant if a Lease for life be the remainder to two and to the heires of one he who hath the fee dyeth his heire shall not be in ward if the heire of one joyntenant who had the fee dye of full age living the tenant for